Legal Advice For When You've Been Pulled Over Or In An Accident And You've Been Drinking
Just about everyone should know about the dangers of drinking and driving and most people would never intentionally drive while intoxicated. But with blood alcohol content limits lower than ever, it can sometimes be possible to be arrested for a DUI even if you feel like you haven't had that much to drink.
If you find yourself in a situation where you are being investigated for a possible DUI after getting into an accident or simply pulled over, here are some tips that might help you in your troublesome situation.
If a police officer sees you driving erratically or shows up at the scene of the accident and suspects there was drinking involved, they may investigate your condition. Even if the officer seems friendly enough, keep in mind that everything you do and say could be used as evidence against you in a court of law.
You want to try and be polite to the police officer but you do not want say anything that you know will incriminate yourself. Don't volunteer any additional information than what is legally required. If you are arrested, don't speak to the officer on the way to the police station. Don't talk to anyone until you have contacted your DUI or car accident attorney.
You Can Refuse the Roadside Tests
The officer might ask you take a sobriety test at the scene. Understand that you have the right to refuse. Doing so, will probably get you arrested anyway, but a good lawyer might be able to help you. The truth is that some roadside sobriety tests can be difficult for even a sober person. For example, if you don't naturally have very good balance or have a problem with your knees, being asked to stand on one foot would be difficult even when sober.
Don't Take a Breathalyzer On Site or At the Station
In addition to refusing the sobriety test, one other thing you should avoid at all costs is the breathalyzer test. If your state's legal limit is .08 or lower, it's possible to test positive for DUI with as little as two drinks. Refusing a breathalyzer may very well get your license suspended, but a good DUI attorney should be able to help you with this.
For example, it's possible to get a permit to be able to drive to go to work, and if you don't give the cops the breathalyzer, they may not have the evidence needed to convict you of the DUI. The police may try to talk you into the Breathalyzer once you arrive at the station. Simply remain polite, refuse the test and ask to call your attorney.
The best way to avoid drunk driving charges is to never mix alcohol and driving in the first place. But it is possible today to be arrested for DUI even if you've only had a few drinks. If you are pulled over and are being investigated for DUI, do not volunteer any information to the police. You have the right to refuse the roadside sobriety and Breathalyzer tests. Doing so may have consequences, but a good DUI lawyer can help mitigate the damage and this may be preferable to getting a DUI conviction. To learn more, contact a professional like David H Harris Jr, Attorney with any questions you have.